Blogger Robb of Running at the Mouth give Democratic Senator Evan Bayh a full-frontal assault on his Supreme Court filibuster threats. Robb's from Ohio, I'm from Illinois, so hopefully the senator from Indiana is feeling a vise-like squeeze. Probably not, but one can hope.
Here's an excerpt from his post, Evan Bayh Cavalierly Disregards the Constitution.
Nowhere in that clause ( Article II, Sec. 2, Clause 2), or anywhere else in the Constitution for that matter, does the appointment of a Supreme Court Justice require a super majority of the Senate to confirm. The fact that the first part of the Clause requires a 2/3 majority of the Senate to make a treaty indicates that no such super majority is required to appoint a Supreme Court Justice, as no "2/3" language is included in the second part of the Clause. (As an aside, I wish all legislators had even an elementary grasp on statutory construction; if they did, maybe the legislation they draft wouldn't be so incomprehensible.)
Bayh's view is vintage Left: now that a Republican is in power, let's be as obstreperous, shrill, whiny and dishonest as possible. Never mind doing what the law or the Constitution requires, and never mind treating others the way we'd have them treat us (and, indeed, never mind the way they've treated us in the past, for example in the confirmation of Justice Ginsburg). Let's be honest; if the shoe were on the other foot, every Democrat in Washington, not to mention the press everywhere, would be screaming bloody murder.
As I posted earlier this week, Bayh is "testing the waters" for a 2008 presidential run; he was in New Hamphire last weekend.
Lately, he's been making appeals to the far-Left wing of the Democratic Party Assuming Evan's unsuccessful in '08 and chooses to run for his Indiana senate seat in 2010, (he just got re-elected last year), it might make for an interesting race. Unlike the other states bordering the Great Lakes, Indiana is very "red," the only Great Lake state to support the Republican candidates against Clinton in 1992 and 1996.
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